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Even though a Wexford County Circuit judge dismissed felony charges against a former medical-marijuana shop owner, prosecutors are not backing down, recently filing a motion for reconsideration in the case.

Judge William Fagerman ruled the defendant could be considered a primary caregiver even though he was not a registered caregiver, and that he could dispense reasonable amounts of medical marijuana to patients under the Medical Marijuana Act, the Northern Express reports.

But Wexford County prosecutors claim the defense never showed that the amounts of marijuana sold to informants were “reasonably necessary to treat their respective medical conditions.” Prosecutors also dispute whether the defendant is a primary caregiver and, therefore, whether he had the status to bring an affirmative defense.

Defense attorney Jesse Williams said that although the defendant, Christopher Gee, was never the “registered primary caregiver,” he should be viewed as the “de facto primary caregiver” for purposes of asserting an affirmative defense in the case.

In his decision, Fagerman also said that part of the medical marijuana law called “Sec. 8” lets defendants bring an affirmative defense in certain circumstances. He said the defendant met those circumstances because he was over age 21, had no prior drug felony and his business appeared to have sold reasonable amounts of marijuana to customers.

Williams called the criminal charges against his client a “waste of time” and asserted the case has been drawn out by the murkiness of the Medical Marijuana Act. “That’s a statute to bring down big-time players who are doing real harm and there hasn’t been any harm here,” he said. “They are wasting big-time resources for what? Nothing has been accomplished.”

According to Williams, rather than charging his client with numerous felonies and conducting a lengthy criminal investigation, prosecutors should have pursued a civil nuisance action – just like the prosecutor in Midland County already did.

The defendant once owned several medical marijuana shops, including one in Midland County and one in Wexford County. When opening the shops, he hired a lawyer (not Williams) to advise him how to comply with Michigan’s medical-marijuana laws. His operation in Midland County was shut down a few years ago after being declared a civil nuisance. Wexford County officials later leveled harsher felony charges against the defendant.

Williams said the case against his client involved nine controlled buys by confidential informants, which netted less than an ounce of marijuana altogether. In one instance, he said an informant received a lollipop that contained an unknown amount of THC. “These officers should be embarrassed for what they did,” Williams said. Lt. Dan King of the Traverse Narcotics Team said he didn’t want to comment while the case was under appeal, according to the Northern Express.

In a somewhat ironic twist, the Michigan Legislature is currently considering House Bill 4271, which seeks to codify a medical-marijuana distribution business model similar to the defendant’s.

The Wexford County Courthouse is 100 years old this year, and Circuit Judge William Fagerman would like to see all Cadillac-area lawyers join the celebration.

“Come out and appreciate our 100 years of justice,” encouraged Fagerman.

The 100-year-old building used to house the circuit, district and probate courts, the judge explained. But the district and probate courts moved to new facilities years ago, leaving only the circuit court in the building.

Court administrator Julie Vanderheide said nearly everyone at the courthouse is helping to plan the centennial celebration, including judges and court staff. Efforts to polish and shine the building are already underway in preparation for the July 27 open house. Wrought iron railings are being painted and the original wood features are being varnished.

“We are sprucing things up, so it will look nice,” she told MiLW.

At the event, Fagerman said he will talk about how the courthouse finally ended up in Cadillac. “There was an actual dispute over where it would be located,” he remarked. “There was some wrangling.”

The celebration will include building tours, a classic car exhibit, historical presentations, carriage rides to the Wexford County Historical Museum, period costumes, items on loan from the museum and music by the Cadillac High School band.

In particular, Vanderheide said there will be old postcards and pictures, and an old voting machine. “We’ve also located the original blueprints of the courthouse,” she noted. “So we plan to frame those, so the public can view them.”

Although the courthouse has towering stone columns and Bedford limestone trim, it is not one-of-a-kind. The Montcalm County Courthouse in Stanton is identical, having been built by the same architect and contractor, according to the Cadillac News.

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